I am so pleased to have found this forum as I am in court against Anglian on Monday ! Very similar scenario to Jogep- cancelled outside 7 and 14 days and after survey but gave 3.5 months notice so they had not even started manufacture. We offered to pay out of pocket exps and admin fee but they want £5500, for basically doing nothing , so say to cover loss of profit, salesmen commission, etc. Advice from CAB same as above - should have been given 14 days and and so now have up to a year to legally cancel. Also contract should say item is bespoke but How can an item be bespoke if it has not been made? claiming 20% loss of profit is obscene given they had so much notice prior to build date and had plenty of opportunity to mitigate loss. Commission to salesmen will not be paid until sale completed so this charge is nonsense.I looked on the door step selling link you posted but it states that conservatories are an exception to the 14 days cooking of period.
Basically consumer direct have told us that if they class a conservatory as bespoke then the contract must state it is bespoke and therefore a cooling off period doesn't apply or is less than the standard 14 days. I cannot find anywhere in our contract where it states bespoke so that's my argument. Prove its bespoke because I haven't asked for certain sized windows or frames I've just said the rough size I want the build.
Basically we didn't realise the sales order was a contract and signed it so he would go - was in our house 5 hours. We had a two week old baby and a 6 year old to collect from school. My husband works overseas so the following week a survey was done and he returned to work. I felt I didn't have time to have another quote done if they took that long so when he returned from work two months later we got another quote which was £7000 less than anglians. Not realising we had signed a legally binding contract we went through with the other and cancelled with Anglian. We then got a breach of contract letter. Through speaking with consumer direct they've confirmed that a 14 day cooling off period should have been given and as it wasn't we automatically get 12 months & 14 days too cool so therefore we haven't cancelled outside of the cooling off period (legally) Anglian are arguing that because it's bespoke they don't have to give 14 days so I called consumer direct who confirmed that the contract must state bespoke which it doesn't so we are still within our rights to cancel. We've had rude and arrogant phone calls from the regional manager he even phoned me again the other day threatening court action if I didn't change my mind about cancelling when their solicitor is already involved so I have no idea why he's still threatening over the phone. I wrote to the CEO who basically just passed my complaint to the person already dealing with it. On Saturday we received the small claims paper work so we are now writing our defence to return within 14 days as we certainly aren't accepting to pay the money. We've stated that we will pay the survey less the deposit paid. It could still be then trying to force the sale or money out of us because they still don't have to proceed even when we return the paper work to the county court. Looking at our defence and the bullying behaviour they have towards us I'd be surprised if they let it go to court. Will soon find out.
No unfortunately not. I would suggest you dont take a chance. I have reported them to watchdog but it may be too late for you!The letter states that should it go to court it would be their solicitor but they've said they would like a mediation. Did they not offer you mediation?
I will post as much about the case as I can but have to dash off now. My only consolation is it must have cost them an absolute fortune to pay for the barrister. If you get the media involved I will come down to the court and tell my story too!Hi Hoges and Jogep
They talked of mediation but no action.
Going to court seems the only way, i am going to ask the press to attend so they can experience first hand, and if allowed video for You Tube.
Please post as much information as possible about the court proceedings this all helps. At least we know their tactic of a Barrister, less intimidating when you know. I too have posted Watch Dog.
We have to be smarter
Trust me if we win the world will know!